While it may seem obvious in fact it’s not for two main reasons: (1) employment laws are complex; they hold employers and individuals liable regardless of their intent or agreement; and (2) if the employee prevails on the claims pled the most often, the employee will get a windfall recovery that includes economic damages, penalties, and automatic recovery of their attorneys’ fees and costs.
We first address the pressing issues by asking the right questions, reviewing documents and talking to key persons to fully assess the allegations. We then educate the client on what the laws require, and the application of the facts to the law. Lastly, we propose cost-effective strategies with an eye towards quick and efficient resolution. For example, if the employer unknowingly did not provide meal and rest breaks, we will propose resolving claims where there appears to be liability for the least amount of money and correct the problem going forward.
Second, we recommend implementation of what I refer to as an employer’s three deadly weapons: signed job descriptions, updated handbooks and critical policies, certifications and agreements. During this process, we are able to correct any misconceptions and firm up policies based on our prior litigation experience and the most recently reported hottest areas of litigation.